The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

2. The circumstances that the defendant recognized the crime of drinking alcohol driving in this case and is responsible for the maintenance of his family's livelihood are.

However, in full view of the following circumstances, the Defendant’s assertion is not acceptable since the sentence imposed by the lower court is unreasonable.

(1) The defendant has already been punished several times due to drunk driving, etc., and has a record of causing a traffic accident while driving under the influence of alcohol.

Furthermore, the crime of this case was committed again during the period of probation due to drinking driving, and the crime is not good and the risk of recidivism is high.

② The blood alcohol concentration (0.124%) of the instant case is considerably high.

(3) The crime that may cause serious harm to the life and body of a person who is not only the driver but also the driver, and the revised Road Traffic Act is strengthening criminal punishment by raising the statutory punishment on the crime, it is necessary to remove the criminal behavior of the defendant, and impose criminal liability corresponding to the repeated crime in order to improve the traffic order on the road.

④ Six months of imprisonment with prison labor sentenced by the court below is the lowest sentence that can be sentenced to discretionary mitigation, taking into account the favorable circumstances of the defendant as seen earlier.

The judgment below

There is no special circumstance or circumstance that can be newly considered in sentencing after the sentence is sentenced.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.